Fraternal Order of Police

Transcription

1 Fraternal Order of Police Senate Bill 5 Effect On Our Members

2 Before We Even get to SB5 Kasich s Budget Proposal Local Government Fund (LGF) Appropriations are made in the Budget. The Governor has proposed slashing the LGF by 25% in 2011 and an additional 25% in (Total 50% by 2013 or $225 mil.) In fact the Columbus Dispatch says the real LGF impact is $650 million. Every local government will be adversely impacted by the reduction in the LGF and layoffs or give backs may result. There are no immediate savings of personnel costs in SB 5. 2% of Employer Share of Pension to be Paid by the Employee. This results in an immediate decrease in the pay of every Public Employee on July 1.

3 Senate Bill # 5 Affects all Public Employees covered by Collective Bargaining. New Proposed Dispute Resolution Procedure. Eliminates Binding Resolution of Negotiating Disputes for Safety Forces. Eliminates Step Increases. Pay Increases to be based on Merit. Eliminates many Longevity Considerations. Overtime to be Regulated by FLSA. Prohibits Tying Supervisor ss Pay to Bargaining Unit Pay. Denies Supervisors the Right to Bargain. Prohibits Pension Pick-ups. Caps the employer s health care contribution at 85%. Eliminates Fair Share Fees. Allows the Public Employer to Decertify your Bargaining Unit at SERB.

4 Introduced on February 8, page Senate Bill 5 was introduced before the Senate Insurance, Commerce and Labor Committee. Senator Shannon Jones sponsored the bill. Proposed huge changes to the current collective bargaining law ORC 4117 that has been in effect since No interested party meetings before introduction of the bill.

5 Amended March 1, Pages of Amendments reduced the size of the Bill to 300 pages. March 1, 2011 was the first glance anyone had at the amendments. Amendment actually increased the limitations on Public Safety Bargaining. Significantly more harmful to labor management relations than the original bill.

6 March 2--Senate Bill 5 Passes Senate Senate Bill 5 was passed by the Senate on a vote. At least 5 Republican Senators that had informed the FOP at one time or another that they had significant problems with the bill voted yes.

7 March 30 - Senate Bill 5 Passes House The House Committee amended on March 29 th and voted to the floor the same day. 302 Page Senate Bill 5 was passed by the House on a vote. Only 4 Republican House Members voted no. At least 9 Republican House Members that had informed the FOP at one time or another that they had significant problems with the bill voted yes.

8 Significant Insurance Changes The Amended Bill now mandates a 15% employee share for Health Premium. The Bill requires all benefits such as vision and dental to be included in the 15% calculation. Prohibits all negotiations for Plan Design. Will result in an immediate decrease in pay for affected employees.

9 Pension Pick Ups The Bill Prohibits Pension Pick-Ups. PENSION PICK UPS SAVE THE EMPLOYER MONEY. Currently for every 1% raise in wages the employer must pay 1.24% after roll ups. This will result in an immediate decrease in pay for employees covered by such arrangements at the beginning of their next contract.

10 Seniority and Fairness The Bill requires that no agreement may require layoffs to be based solely on seniority. Opens the door for law suits based on Age, Race and dsex Discrimination. i i Huge financial liability for Local Government Allows political favoritism. Local Leadership of the union becomes a target.

11 Privatization The bill allows privatization of ALL Public Employment jobs. Unions are prohibited from even discussing contracting ti out of any public services. Unions are prohibited from even discussing arrangements for our members if their jobs are privatized and they are laid off as a result.

12 Additional Restrictions on Negotiating Subjects The union will no longer able to negotiate in reference to: Shift issues Facilities Pieces of Equipment other than Personal Safety Equipment. Supervision Span of Control Safety issues The continuation of current contract language when The continuation of current contract language when the employer claims that the item is a management right.

13 Fair Labor Standards Act Guidelines Mandates the use of FLSA Overtime Calculations. This eliminates Call in Pay Court Time Holiday premiums? No rate over time and one-half can be paid. May require 171 hours in a 28 day cycle before overtime is paid. Paid leave can not count toward 171 hours.

14 Basis for Pay Increases Appears to mandate the use of merit-based pay. Merit pay invites corruption into the Police Department. In determining merit the bill prohibits management s use of quotas for issuing citations. But does not define merit or performance for any purpose. Again opens the door for law suits based on Age, Race and Sex Discrimination.

15 Past Practices The use of Past Practices for any purpose is prohibited. The bill requires re-negotiating every article of every contract. The Union is only allowed to negotiate t issues not claimed by the employer to be a management right.

16 Changes in Benefits and Pay Outs The bill requires restrictions on employees in DROP. Eliminates Longevity Pay. Caps Accrual of vacation at 5 weeks. The bill requires a vacation cap of 240 hour accrual for all employees with less than 20 years. Holidays are limited to 12 days annually. Personal Days are capped at 3 days annually. Sick leave buy back capped at 500 hours or 50% of accumulations up to 1000 hours which ever is less.

17 New Dispute Resolution Procedure SB 5 keeps the same basic procedure with some changes up to Conciliation. Reduces the vote needed for either party to reject the factfinder s report to fifty percent (50%) plus one (1). SB 5 eliminates the third party neutral Conciliator. The legislative body of the public employer then becomes the ultimate decider. The legislative body is in essence one of the two parties to the proceeding. The legislative body must choose between the two packages offered by the parties.

18 New Dispute Resolution Procedure After this Legislative Choice the only method left to the Union is to bring the Issue to the Ballot. If you can get it qualified for a vote, the voters may choose your last proposal or the Employer s Proposal. The procedure for invoking this method of resolution is complicated and convoluted. Miss a detail and forget it. SB 5 creates a system where management is one of the parties at the table negotiating the contract t but then has the final say on which proposal to take. Guarantees that the employer will not bargain in good faith.

19 Why the need for Binding Arbitration Public Safety Officers are prohibited from striking. Prior to collective bargaining labor strife was common in Ohio. In 1972, Ohio tied for 4 th in the nation for strikes by safety forces. In 1973, Ohio rose to 2 nd in strikes by safety forces. From , Ohio led the nation in safety forces strikes. In 1980, Ohio had 15 strikes by safety forces involving 2300 workers and costing 6800 working days.

20 Why the need for Binding Arbitration Prohibiting strikes will not guarantee that strikes will not occur. Police and Firefighters are professions there are no private sector comparables. Nationwide over the past decade the average yearly deaths for police has been 163 Nationwide, the average yearly assaults 58,821, the average injuries is 16,041.

21 SB5 Does Not Save Money The Sponsor testified that she had no Idea of the possible savings. The Ohio Department of Administrative Services put together an estimate of savings. In fact, none of the assumptions used by DAS were based upon reality. 21

22 Law Enforcement Responses to Arguments about the Bill Most public sector negotiations never reach Binding Conciliation. From there were 4394 contracts negotiated. Of the 4394 contracts negotiated, only 385 (8.8%) went to Fact Finding and 69 (1.6%) went to Binding Arbitration. Of the cases that went to arbitration and involved healthcare premiums, Arbitrators ruled for the employer an average of 82.6% of the time from Of the cases that went to arbitration and involved wage adjustments, Arbitrators awarded an average wage increase of 2.8% from The Union won the conciliation award less than 50% of the time.

23 Senate Bill 5 Signed by the Governor Senate Bill 5 was signed by Kasich March 31. It will go into effect July 1. We hope there will be a Referendum where the citizens will vote in November. We have ninety (90) days to gather enough signatures of registered voters to force this Referendum Once the petition is completed with the required signatures and filed, a moratorium is placed on SB 5 until voted upon. Remember, there s more to come HB 69 Pension Reform